Supreme Court Orders Release of Three Minors in Inisha BK Case

Nepal’s Supreme Court has ordered the release of three minors who had been kept in a juvenile correction home in connection with the alleged rape and murder of 16 year old Inisha BK in Surkhet.

A division bench of Supreme Court Justices Saranga Subedi and Nripdhwaj Niraula on Tuesday overturned the detention orders previously issued by the Surkhet District Court and upheld by the Surkhet High Court.

The three minors, identified by changed names as Birendranagar (D), Birendranagar (F) and Birendranagar (N), will now be placed in the custody of their parents or responsible family members while the case continues.

The Supreme Court order does not apply to the fourth minor, Birendranagar (Pa), who has been described in the case records as the main accused.

The three released minors must appear before the court whenever required until the case is concluded. They have also been barred from leaving Nepal without prior permission from the court.

What Happened to Inisha BK?

Inisha BK, 16, was originally from Badakholi in Gurbhakot Municipality 6 of Surkhet and had been living with her family in Birendranagar for her studies.

On the morning of March 7, 2026, Inisha left home at around 6 am, telling her family that she was going to tuition classes. When she did not return and her phone could not be reached, her family contacted her school and learned that she had not attended class.

Later that morning, Inisha’s mother received a call from an unknown number informing her that her daughter had been found unconscious in the Janajagaran Community Forest in Birendranagar.

Her family reached the area and found her severely injured and bleeding. Police were informed and Inisha was taken to Karnali Provincial Hospital, where doctors declared her dead.

Medical findings cited during the investigation said she had suffered serious internal genital injuries and excessive bleeding. The case was subsequently investigated as rape and homicide.

Police detained four minors during the investigation, including Birendranagar (Pa), who was detained from the area on the day of the incident. All four were students at the same school.

Inisha’s parents filed a complaint against all four, accusing them of involvement in gang rape and murder. However, the police investigation later concluded that the alleged rape and killing were not a collective act.

According to the police investigation report submitted to the District Government Attorney’s Office on March 25, investigators concluded that only the main accused was involved in the alleged rape and murder. Police sought punishment for rape and murder against Birendranagar (Pa), while recommending homicide related charges against the other three.

District Court Sent All Four to Juvenile Correction Home

On March 31, the Surkhet District Court ordered all four accused minors to remain in a juvenile correction home while the case proceeded.

The Juvenile Bench of Judge Deepak Dhakal ordered that the four be kept in pretrial custody until the case was resolved. Following the decision, they were sent to the juvenile correction home in Khajura, Banke.

The order meant that despite the police investigation distinguishing the alleged role of the main accused from those of the other three, all four remained in the correction facility while facing court proceedings.

High Court Upheld District Court Decision

The parents of the three minors challenged their continued detention at the Surkhet High Court.

However, a joint bench of Judges Hari Prasad Joshi and Khemraj Bhatta upheld the District Court’s decision in May. The High Court found the initial detention order lawful and allowed it to remain in effect.

As a result, Birendranagar (D), Birendranagar (F) and Birendranagar (N) continued to stay in the juvenile correction home along with the main accused while the case remained pending.

Their parents then challenged the lower court decisions before the Supreme Court.

Supreme Court Overturns Detention of Three Minors

The Supreme Court has now reached a different conclusion regarding whether the three minors need to remain in a juvenile correction home while the trial continues.

In reaching its decision, the court considered statements given by the three minors to police and the court, in which they denied the allegations against them.

The Supreme Court also noted that Birendranagar (Pa), identified as the main accused, had not implicated the other three minors in the incident.

The court further considered CCTV footage from around the incident area and other evidence collected during the investigation. Based on the material before it, the bench found that keeping the three minors in a juvenile correction home until the final decision in the case was not necessary.

The Supreme Court therefore overturned the detention orders of the Surkhet District Court and Surkhet High Court in relation to the three minors and ordered that they be handed over to their parents or responsible family members.

The decision concerns their pretrial detention and does not end the criminal case against them. Proceedings at the Surkhet District Court will continue, and the three must appear whenever ordered by the court.

They are also prohibited from travelling outside Nepal without prior court approval.

The Supreme Court has not issued the same release order for Birendranagar (Pa), meaning the latest decision specifically changes the custody status of the other three minors while the case continues.